On August 31, 2016 a
Motion,Ex Parte
was filed
involving a dispute between
Leary, Clifford,
and
Sillari, Jr., Charles J.,
for Contract / Business Cases
in the District Court of Middlesex County.
Preview
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COMMONWEALTH OF MASSACHUSETTS
Middlesex:ss ‘ SUPERIOR COURT DEPARTMENT
of the Trial Court
Docket No. 1681 CV 2511
ROA ICICI ROI ROCIO ICICI IO IR I IRR IO RIOR I
CLIFFORD LEARY, P.R. OF THE *
ESTATE IF ELAINE M. LEARY, *
Plaintiff *
*
v. *
*
CHARLES J. SILLARI, JR. *
Defendant *
*
JRE OIE RRO ICS RI ICR ROR TOR ICR ACIOR ACR
DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
ON ALL CLAIMS
Now comes the Defendant Charles J. Sillari, Jr. and hereby moves this Court for
Summary Judgment relief for Defendant denying Plaintiff's claims asserted in this action
and granting Summary Judgment to Defendant on Count I (Fraud) and Count II
(Interference with Contractual Rights) as asserted in the Counterclaim of the Defendant
filed in this action.
As grounds for this Motion, Defendant states that in deposition of Plaintiff he
testified as to facts sufficient to establish that Defendant is entitled to the relief herein
requested and that in Plaintiff's response to the Document Production Request set forth in
the Deposition Notice, Plaintiff produced all records of Plaintiff relevant to the matters
being litigated in this action. The records of Plaintiff so produced establish that the
Plaintiff has no records supporting assertions made by Plaintiff that are critical to thePlaintiff's claims. The testimony of Plaintiff at deposition further established that he has
no knowledge as to purported material facts asserted in his complaint.
Filed herewith is Memorandum of Defendant in support of this Motion which
addresses in greater detail the facts that establish that this Motion of Defendant should be
granted. Also filed herewith are the following Exhibits to this Motion for Summary
Judgment and Affidavit of counsel for Defendant Frank J. Frisoli certifying as to said
records filed as Exhibits:
1. Notice of Deposition
2. Response of Plaintiff Clifford Leary to the requests of the Defendant Charles J. Sillari
Jr. for documents to be brought to his deposition on May 31, 2107.
3. Answers by Defendant Charles J. Sillari , Jr. to First Set of Interrogatories propounded
by the Plaintiff to be answered under oath by the Defendant.
4. Deed dated January 7, 2016 recorded with Middlesex South District Registry of Deeds
at Book 66644, Page. 291.
5. Excerpts from testimony of Plaintiff Clifford Leary at Deposition taken on May 31,
2017.
6. Multiple Listing Service record regarding listing of 84 Properzi Way, Somerville,
MA.
Wherefore the Defendant Charles J. Sillari, Jr. respectfully requests that this Court grant
Summary Judgment for Defendant denying Plaintiff's claims asserted in this action, grant
Summary Judgment to Defendant on Count I (Fraud) and Count II (Interference withContractual Rights) as asserted in the Counterclaim of the Defendant filed in this action,
and assess against the Plaintiff and award to Defendant his reasonable counsel fees and
costs pursuant to Chapter 231, Section 6f as the Deposition of the Plaintiff establishes
that the Plaintiff did not have a reasonable basis to assert the claims herein ‘advanced by
Plaintiff through his counsel of record.
Respectfully submitted,
Charles J. Sillari, Jr.
Dated: December 27, 2017
frank@frankfrisolilaw.com
BBO #180440
797 Cambridge Street
Cambridge, MA 02141
(617) 354-2220EXHIBITS TO MOTION OF DEFENDANT FOR SUMMARY JUDGMENT
1. Notice of Deposition
2. Response of Plaintiff Clifford Leary to the requests of the Defendant Charles Sillari Jr.
for documents to be brought to his deposition on May 31, 2107.
3. Answers by Defendant Charles J. Sillari , Jr. to First Set of Interrogatories propounded
by the Plaintiff to be answered under oath by the Defendant.
4. Deed dated January 7, 2016 recorded with Middlesex South District Registry of Deeds
at Book 66644, Page. 291.
5. Excerpts from testimony of Plaintiff Clifford Leary at Deposition taken on May 31,
2017.
6. Multiple Listing Service record regarding listing of 84 Properzi Way, Somerville,
MA.
Document Filed Date
March 01, 2018
Case Filing Date
August 31, 2016
Category
Contract / Business Cases
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g COMMONWEALTH OF MASSACHUSETTS Middlesex:ss ‘ SUPERIOR COURT DEPARTMENT of the Trial Court Docket No. 1681 CV 2511 ROA ICICI ROI ROCIO ICICI IO IR I IRR IO RIOR I CLIFFORD LEARY, P.R. OF THE * ESTATE IF ELAINE M. LEARY, * Plaintiff * * v. * * CHARLES J. SILLARI, JR. * Defendant * * JRE OIE RRO ICS RI ICR ROR TOR ICR ACIOR ACR DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ON ALL CLAIMS Now comes the Defendant Charles J. Sillari, Jr. and hereby moves this Court for Summary Judgment relief for Defendant denying Plaintiff's claims asserted in this action and granting Summary Judgment to Defendant on Count I (Fraud) and Count II (Interference with Contractual Rights) as asserted in the Counterclaim of the Defendant filed in this action. As grounds for this Motion, Defendant states that in deposition of Plaintiff he testified as to facts sufficient to establish that Defendant is entitled to the relief herein requested and that in Plaintiff's response to the Document Production Request set forth in the Deposition Notice, Plaintiff produced all records of Plaintiff relevant to the matters being litigated in this action. The records of Plaintiff so produced establish that the Plaintiff has no records supporting assertions made by Plaintiff that are critical to thePlaintiff's claims. The testimony of Plaintiff at deposition further established that he has no knowledge as to purported material facts asserted in his complaint. Filed herewith is Memorandum of Defendant in support of this Motion which addresses in greater detail the facts that establish that this Motion of Defendant should be granted. Also filed herewith are the following Exhibits to this Motion for Summary Judgment and Affidavit of counsel for Defendant Frank J. Frisoli certifying as to said records filed as Exhibits: 1. Notice of Deposition 2. Response of Plaintiff Clifford Leary to the requests of the Defendant Charles J. Sillari Jr. for documents to be brought to his deposition on May 31, 2107. 3. Answers by Defendant Charles J. Sillari , Jr. to First Set of Interrogatories propounded by the Plaintiff to be answered under oath by the Defendant. 4. Deed dated January 7, 2016 recorded with Middlesex South District Registry of Deeds at Book 66644, Page. 291. 5. Excerpts from testimony of Plaintiff Clifford Leary at Deposition taken on May 31, 2017. 6. Multiple Listing Service record regarding listing of 84 Properzi Way, Somerville, MA. Wherefore the Defendant Charles J. Sillari, Jr. respectfully requests that this Court grant Summary Judgment for Defendant denying Plaintiff's claims asserted in this action, grant Summary Judgment to Defendant on Count I (Fraud) and Count II (Interference withContractual Rights) as asserted in the Counterclaim of the Defendant filed in this action, and assess against the Plaintiff and award to Defendant his reasonable counsel fees and costs pursuant to Chapter 231, Section 6f as the Deposition of the Plaintiff establishes that the Plaintiff did not have a reasonable basis to assert the claims herein ‘advanced by Plaintiff through his counsel of record. Respectfully submitted, Charles J. Sillari, Jr. Dated: December 27, 2017 frank@frankfrisolilaw.com BBO #180440 797 Cambridge Street Cambridge, MA 02141 (617) 354-2220EXHIBITS TO MOTION OF DEFENDANT FOR SUMMARY JUDGMENT 1. Notice of Deposition 2. Response of Plaintiff Clifford Leary to the requests of the Defendant Charles Sillari Jr. for documents to be brought to his deposition on May 31, 2107. 3. Answers by Defendant Charles J. Sillari , Jr. to First Set of Interrogatories propounded by the Plaintiff to be answered under oath by the Defendant. 4. Deed dated January 7, 2016 recorded with Middlesex South District Registry of Deeds at Book 66644, Page. 291. 5. Excerpts from testimony of Plaintiff Clifford Leary at Deposition taken on May 31, 2017. 6. Multiple Listing Service record regarding listing of 84 Properzi Way, Somerville, MA.